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MATTER OF CRAM v. TOWN OF GENEVA

182 A.D.2d 1102 (1992)

In the Matter of William D. Cram et al., Petitioners, v. Town of Geneva et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 24, 1992

Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioners' challenge to the adoption of Ordinance No. 90-1 by the Town Board of the Town of Geneva was improperly transferred to this court by Supreme Court (see, Town Law § 267 [7]). Moreover, the challenge should have been asserted in a declaratory judgment action rather than a CPLR article 78 proceeding (see...

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